Item 4H - Memo FINALItem 4H
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M E M O R A N D U M
(December 6, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement (ILA) with Tarrant County to
receive a cost reimbursement for the construction of
improvements at the intersections of FM 1938 at West
Continental Boulevard and West Continental Boulevard at
South Peytonville Avenue in an amount not to exceed
$2,225,000.
Action
Requested: Approve an Interlocal Agreement (ILA) with Tarrant County to
receive a cost reimbursement for the construction of improvements
at the intersections of FM 1938 at West Continental Boulevard and
West Continental Boulevard at South Peytonville Avenue in an
amount not to exceed $2,225,000.
Background
Information: The purpose of this item is to seek Council approval of an ILA with
Tarrant County for the shared construction cost of improvements at
the intersections of FM 1938 at West Continental Boulevard and
West Continental Boulevard at South Peytonville Avenue. The
proposed improvements are intended to improve mobility efficiency
by alleviating traffic backups at West Continental Boulevard
intersections during peak hours, and include:
FM 1938 at West Continental Boulevard
• Construction of right turn lane at FM 1938
• Additional left turn storage lane at West Continental
Boulevard
West Continental Boulevard at South Peytonville Road
• Construction of planned roundabout with art and landscaping
The projects also include the upgrade of Critical Drainage Structure
#18 for the FM 1938 at West Continental Boulevard project and
Critical Drainage Structure #19 for the West Continental Boulevard
and South Peytonville Avenue project and sidewalk improvements
at both intersections. Currently, these projects are under 90%
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design, and the FM 1938 at West Continental Boulevard project is
anticipated to enter the bidding phase in early 2023. The FM 1938
at West Continental Boulevard project will be constructed first
followed by the West Continental Boulevard at South Peytonville
Avenue project.
These projects were identified in the Southlake 2035 Mobility
Master Plan with the FM 1938 at West Continental Boulevard
project referenced as MT25 and Priority Tier 3, and the Continental
Boulevard at South Peytonville Avenue project referenced as MT3,
Priority Tier 2. Proposed sidewalks were also identified in the 2035
Mobility Master Plan (ID #7 and ID #76a, both Tier 2), and will be
constructed in conjunction with the FM 1938 at West Continental
Boulevard project.
Financial
Considerations: The County allocated funds as part of their 2021 Tarrant County
Transportation Bond Program for a cost share arrangement with
the City. The terms of the ILA, the County will reimburse the City for
up to $2,225,000 or 50% of the construction cost, whichever is less.
The current opinion of the probable construction cost for the
intersections of FM 1938 at West Continental Boulevard and West
Continental Boulevard at South Peytonville Avenue is currently
$5,238,000. The resources provided by the County result in cost
savings for the City of Southlake.
Funding for this project is budgeted as part of the approved Capital
Improvement Program, as well as Tarrant County funds via the ILA.
Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Mobility, Infrastructure and Partnerships & Volunteerism. It
specifically relates to the City’s Corporate Objectives, B2:
Collaborate With Select Partners To Implement Service Solutions,
C2: Provide Travel Convenience Within City And Region, and F2:
Invest To Provide & Maintain High Quality Public Assets. The
Critical Business Outcomes are, CBO2: Enhance Mobility Through
Aggressive Traffic Management Initiatives and Capital Project
Implementation and CB05: Improve Quality Of Life Through
Progressive Implementation Of Southlake’s Comprehensive Plan
Recommendations.
Citizen Input/
Board Review: Upon approval by Southlake City Council, the ILA will then be
placed on the Tarrant County Commissioner’s Court Agenda for
approval.
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Legal
Review: This agreement has been reviewed by the City Attorney.
Alternatives: The City Council may approve or deny the ILA with Tarrant County.
Staff
Recommendation: Approve an Interlocal Agreement (ILA) with Tarrant County to
receive a cost reimbursement for the construction of improvements
at the intersections of FM 1938 at West Continental Boulevard and
West Continental Boulevard at South Peytonville Avenue in an
amount not to exceed $2,225,000.
Supporting
Documents: Attachment A: FY 2021 Interlocal Agreement
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., City Engineer
Kevin Taylor, P.E., Civil Engineer
West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 1
STATE OF TEXAS § Funding Interlocal Agreement for
§ West Continental Boulevard
COUNTY OF TARRANT § Intersections Improvements
This interlocal agreement (ILA) is entered into between Tarrant County, Texas, hereinafter
referred to as COUNTY, and the City of Southlake, hereinafter referred to as CITY, and collectively
referred to as the “parties”, for the purpose of providing funding through the Tarrant County 2021
Transportation Bond Program (2021 TBP) to a needed transportation project within the boundaries
of both parties which the Commissioners Court of the COUNTY and the governing body of the
CITY find serves a public purpose and promotes the public welfare of the citizens of Tarrant County.
The COUNTY and the CITY make the following findings of fact:
1.This ILA is made pursuant to Chapter 791 of the Texas Government Code and the Tarrant
County 2021 Transportation Bond Program Policy, as amended;
2.To the extent necessary, the parties will use current revenues to pay obligations in this ILA;
3. The project benefits the public in that it is a needed transportation project;
4.The COUNTY and the CITY each has the legal authority to perform its obligations in this
ILA;
5.The division of costs provided in this ILA constitute adequate consideration to each party;
and
6.Both parties acknowledge they are each a “governmental entity” and not a “business entity”
as those terms are defined in Texas Government Code Section 2252.908, and therefore, no
disclosure of interested parties is required.
I.
PROJECT DESCRIPTION
This project, hereinafter referred to as the “Project”, will consist of improvements at two
intersection locations on West Continental Boulevard:
The first location is at the intersection of West Continental Boulevard at Davis Boulevard (FM 1938)
and will also include improvements on Union Church Road. It will consist of intersection
improvements that will reconstruct the intersection approaches, implement signal timing changes
and upgrades, and install new pedestrian accommodations. Other planned changes include the
construction of a right turn bay at the northbound approach, construction of both right and left turn
bays for the eastbound approach and extending the westbound turn bay. Pedestrian facility
improvements include the reconstruction of curb ramps to be two-directional and aligned with
crosswalks, restriping all crosswalks and stop bars to align with new curb ramps. The culvert
crossing west of the intersection will be reconstructed, and the road will be raised to bring the
ATTACHMENT A
West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 2
roadway out of the 100-year floodplain; and
The second location is at the intersection of West Continental Boulevard at South Peytonville
Avenue. The construction will include the construction of a three-legged roundabout, construction
of ADA compliant pedestrian facilities, and the reconstruction of a critical drainage structure to the
west of the intersection.
II.
SCOPE OF SERVICES PROVIDED BY CITY
The services to be provided by the CITY shall include, but are not limited to, the following:
A. All total project costs including all construction, right of way acquisition, utility relocation,
engineering, planning, surveying, and governmental approval costs (collectively referred to
as “Costs”);
B. Following project completion, the CITY will provide the overall total project cost summary
with final cost share between funding partners;
C. Construction agreement administration, site review, permitting and inspection;
D. The CITY agrees to facilitate the efficient operations of the Project through ongoing
transportation system maintenance efforts, including signal timing optimization as
applicable;
E. Interagency coordination, including CITY notification to the North Central Texas Council
of Government (NCTCOG) and the COUNTY of any amendments or modifications to
NCTCOG’s Transportation Improvement Program (TIP);
F. A detailed quarterly project schedule documenting the percent complete for each major
component of the Project shall be provided to the COUNTY;
G. The CITY agrees to invite the COUNTY to any project groundbreaking or ribbon cutting
events; and
H. The CITY will include the following language on all public notices, web pages, and on-site
signage related to the Project:
“This project is funded by the City of Southlake and the Tarrant County Commissioners
Court through the Tarrant County 2021 Transportation Bond Program.” III. TERM
This ILA shall become effective upon the approval of both parties and shall expire on
September 30, 2023, unless terminated as described in Section XIII in this ILA or extended in writing
and approved by both parties.
West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 3
IV.
FISCAL FUNDING ACKNOWLEDGEMENT
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this ILA, then the
affected party will immediately notify the other party of such occurrence and this ILA shall be
terminated on the last day of the fiscal period for which appropriations were received without penalty
or expense to the affected party of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
V. REIMBURSEMENT PROCESS
The COUNTY agrees to reimburse the CITY for 50% of the actual eligible project costs in an
amount not to exceed $2,225,000.00. The COUNTY’s reimbursement will be in accordance with
the reimbursement schedule shown in Attachment A. Any reimbursement request from the CITY
should include: 1) a copy of the invoice or billing for design services, right-of-way acquisition
purchase, and construction; and 2) a copy of the check, a certification letter, or other documentation
to verify the CITY’s proof of payment. The final reimbursement payment to the CITY will be
contingent upon the City Manager or Mayor providing written notification to the COUNTY that the
Project is complete.
The CITY understands that the CITY will be responsible for cost overruns and any other
expenses incurred by the CITY in performing the services described herein.
VI. AGENCY-INDEPENDENT CONTRACTOR
Neither the COUNTY nor any employee thereof is an agent of the CITY, and neither the CITY
nor any employee thereof is an agent of the COUNTY. This ILA does not and shall not be construed
to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or
other amenities of employment by the other party.
The COUNTY will have no right to control the manner or means of construction of the CITY’s
contractor for this Project.
VII.
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this ILA without the
prior written consent of the other party.
VIII.
THIRD-PARTY BENEFICIARY EXCLUDED
No person other than a party to this ILA may bring a cause of action pursuant to this ILA as a
West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 4
third-party beneficiary. This ILA may not be interpreted to waive the sovereign or governmental
immunity of any party to this ILA to the extent such party may have immunity under Texas law.
IX.
AUDIT OF RECORDS
The CITY’s records regarding this Project shall be subject to audit by the COUNTY during the
term of this ILA and for five years after the completion of the Project.
X.
ENTIRE AGREEMENT
This ILA represents the entire understanding of and between the parties and superseded all prior
representations. This ILA may not be varied orally but must be amended by written document of
subsequent date duly executed by these parties.
XI.
VENUE
This ILA shall be governed by the laws of the State of Texas and venue for any action under this
ILA shall be in the district courts of Tarrant County, Texas.
XII.
SCHEDULING
The CITY agrees that the COUNTY retains control over the reimbursement schedule identified
in Attachment A. The COUNTY agrees to notify the CITY of any changes to the reimbursement
payment schedule 30 days in advance, if such changes are the result of COUNTY requirements.
Such notification will be in the form of written correspondence by e-mail or regular mail.
XIII.
TERMINATION
Until funded by the COUNTY as described in Section V, this ILA may be terminated by either
party by providing written notice to the other party at least thirty (30) days prior to the intended date
of termination. Such notice shall be deemed given when personally delivered or mailed by certified
or registered mail (with return-receipt and postage prepaid) and addressed to:
COUNTY: CITY:
County Administrator City Manager
Tarrant County City of Southlake
100 E. Weatherford Street, Ste. 404 1400 Main Street Ste 130
Fort Worth, Texas 76196 Southlake, TX 76092
West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 5
XIV.
SOVEREIGN POWERS
The COUNTY and the CITY agree and understand neither Party waives nor surrenders any of
its governmental powers by execution of this ILA.
APPROVED on this day the _____ day of _______________, 2022, by Tarrant County.
Commissioners Court Order No. ______________.
TARRANT COUNTY, TEXAS CITY OF SOUTHLAKE
______________________________________ ____________________________________
B. Glen Whitley, County Judge John Huffman, Mayor
APPROVED AS TO FORM:
______________________________________ ____________________________________
Criminal District Attorney's Office* City Attorney
* By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed
this document as to form from our client’s legal perspective. Other parties may not rely on this approval.
Instead those parties should seek contract review from independent counsel.
CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF:
$_______________________ as follows:
Fiscal year ending September 30, 2023: $222,500.00
Fiscal year ending September 30, 2024: $890,000.00
Fiscal year ending September 30, 2025: $890,000.00
Fiscal year ending September 30, 2026 $222,500.00
------------------
$2,225,000.00
_____________________________________
Auditor's Office
West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 6
ATTACHMENT A
Project Information
Jurisdiction: City of Southlake
Project Name: West Continental Boulevard Intersections
Project Schedule (by month/year)
Start Date Duration (mo.) End Date
Design: - -
ROW Acquisition: - - -
Construction: Jun-23 30 Dec-25
County Payment by Phase*
Design: $0.00
ROW Acquisition: $0.00
Construction: $2,225,000.00
TOTAL: $2,225,000.00
TBP Funding Category: 2021 Call for Projects
*Invoice Schedule
Design = Completion of Design Phase
ROW Acquisition = Completion of Property Acquisition and/or utility relocation
Construction =Monthly or quarterly throughout the construction period.
Reimbursement payments will be issued by the COUNTY for eligible expenses incurred
during the Fiscal Year for which bond funds are certified by the Tarrant County Auditor.
Reimbursement Schedule by Fiscal Year Quarter (SUBJECT TO CHANGE)
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter Total
FY2023 $0.00 $0.00 $0.00 $222,500.00 $222,500.00
FY2024 $222,500.00 $222,500.00 $222,500.00 $222,500.00 $890,000.00
FY2025 $222,500.00 $222,500.00 $222,500.00 $222,500.00 $890,000.00
FY2026 $222,500.00 $0.00 $0.00 $0.00 $222,500.00